How long do you have to file a workplace discrimination claim in Lynwood?
If you face workplace discrimination in Lynwood, you generally have two years to file a lawsuit from the date of the injury under California Code of Civil Procedure § 335.1. However, claims against a city, county, or other public agency must first be presented within six months of the incident under California Government Code § 911.2.
These deadlines are strict, and missing them can prevent you from recovering compensation. The deadline is generally paused while an injured person is a minor under California Code of Civil Procedure § 352, but that pause does not apply to claims against public entities under the Government Claims Act.
What compensation can you pursue for workplace discrimination?
California law allows you to pursue the full compensation available when you experience workplace discrimination. This can include lost wages and benefits, such as back pay, front pay, and the value of missed promotions or bonuses. It also covers emotional distress, humiliation, and other non-economic damages that result from the discrimination.
When an employer acts with oppression, fraud, or malice, you may also be able to recover punitive damages under California Civil Code § 3294(a). These damages aim to punish the employer for severe misconduct and deter similar actions in the future.
What should you do after experiencing discrimination at work?
- Document everything. Keep detailed records of discriminatory incidents, including dates, times, locations, names of individuals involved, and what was said or done. Save any relevant emails, texts, or performance reviews.
- Report the discrimination internally. Follow your company's internal reporting procedures, usually outlined in your employee handbook. Report the issue to HR or a manager, even if you feel uncomfortable doing so.
- Seek medical or psychological support. Discrimination can take a heavy toll on your health. Documenting any physical or emotional distress with a medical professional can be important for your claim and your well-being.
- Do not quit your job without advice. Leaving your job without legal guidance could impact your ability to recover certain damages, such as lost wages. An attorney can advise you on your options.
- Speak with an attorney. Contacting a lawyer soon after an incident helps ensure you meet all critical deadlines, especially the six-month deadline for public entity claims (California Government Code § 911.2) or the two-year lawsuit deadline (California Code of Civil Procedure § 335.1).
Where do you file a workplace discrimination lawsuit from Lynwood?
A workplace discrimination case originating in Lynwood is generally filed in the Superior Court of California, County of Los Angeles. Under Los Angeles County Local Rule 2.3, personal injury cases are assigned to the judicial district where the incident occurred and handled by that district's Personal Injury Hub department.
For Lynwood, this typically means the case is heard at the Compton Courthouse, located at 200 W Compton Blvd, Compton, CA 90220. While the court's locator tool helps determine the specific courthouse, be aware that catchment boundaries can change, so confirm the correct filing location before relying on it.
What kinds of workplace discrimination does the law cover?
Workplace discrimination involves treating an employee or job applicant unfavorably because of certain protected characteristics. California's Fair Employment and Housing Act (FEHA) is robust, protecting against discrimination based on:
- Race, color, ancestry, national origin
- Religion, creed
- Age (40 and over)
- Disability (physical or mental)
- Sex, gender, gender identity, gender expression
- Sexual orientation
- Marital status
- Medical condition
- Military or veteran status
- Genetic information
Discrimination can take many forms, including unfair hiring or firing practices, unequal pay, harassment, denial of promotions, or unfavorable work assignments. If you believe you have experienced any of these, especially if they are related to a protected characteristic, you should consider speaking with a legal professional. We also help with related issues like retaliation and whistleblowing and other employee rights concerns. Our firm focuses on workplace discrimination cases, including those from Azusa, Bell, and other nearby cities.
Frequently Asked Questions
What is the difference between discrimination and harassment at work?
Workplace discrimination involves unfavorable treatment of an employee or applicant based on a protected characteristic, affecting their employment terms, conditions, or privileges. Harassment, on the other hand, is a specific form of discrimination that involves unwelcome conduct based on a protected characteristic, which becomes severe or pervasive enough to create a hostile work environment or results in an adverse employment decision.
Can I be discriminated against for my age in Lynwood?
Yes, age discrimination is illegal in Lynwood workplaces under both California and federal law. The Fair Employment and Housing Act protects employees aged 40 and older from unfavorable treatment in employment decisions, including hiring, firing, promotions, and job assignments, based solely on their age.
What if my employer retaliates against me for reporting discrimination?
California law strongly prohibits retaliation against employees for engaging in protected activities, such as reporting discrimination, participating in an investigation, or filing a complaint. If your employer takes adverse action against you, like demotion or termination, after you complain about discrimination, you may have a separate claim for retaliation, which is also unlawful.
How does a public entity claim work for workplace discrimination in Los Angeles County?
If your employer is a public entity in Los Angeles County, such as a city department, school district, or county agency, you must first file a written claim with that entity within six months of the discriminatory act, as required by California Government Code § 911.2. Only after the agency responds or fails to respond can you typically proceed with a lawsuit. Missing this initial six-month deadline can prevent you from pursuing your claim.
Facing workplace discrimination in Lynwood can be incredibly stressful, but you do not have to handle it alone. Casa Legal Los Angeles is here to protect your rights and pursue justice on your behalf. Call us today at 888-585-2529 for a confidential discussion about your situation. No attorney's fees unless we win — and no case costs either.